A migrant from Algeria who threatened to set fire to his two daughters and ex girlfriend has been allowed to stay in the UK, because of his “right to a family life”.
The man, who cannot be named for legal reasons, was smuggled into the country in December 2003, the Sun on Sunday reported. He then tried to claim asylum in Britain – using a false name and date of birth.
And he even has a string of criminal convictions to add to his CV.
But despite being ruled a danger to his daughters, now 5 and 7, by social workers a judge at his deportation appeal allowed him to stay in the country.
Judge Conway told the man he had “been punished enough” and did not “think further supervision is going to help you.”
The tribunal were even told even told deporting him would not have a detrimental effect on his children. But despite that, the judge ruled that “trying to get on the rails with your family and your children” would help him.
After his initial claim for asylum was refused in February 2004 and two separate appeals then dismissed, he illegally stayed in the UK. Six years later, he was convicted for drink driving at Brent Magistrates’ Court.
He was imprisoned for 15 months in 2012 after Wolverhampton Crown Court heard he vowed to burn down his house with his children and ex-girlfriend inside. Following the threat, a Child Protection Plan even forbids him from living with them in the West Midlands.
Following the sentencing, Home Secretary Theresa May signed a deportation order for him to be sent back to his native Algeria once he was released from prison.
But the judge ruled this threat to the life of his family was just “a very serious mistake” and that he was “not a danger to the public and not a fire raiser.”
Tory MP Philip Hollobone said he was disgusted by the decision.
“This is exactly why the Human Rights Act should be scrapped” he said.
“Any foreign national convicted of a crime should be deported and banned from ever returning.”
And a spokesman from the Home Office said “‘Foreign criminals have abused human rights for far too long and claimed that their right to a family life in Britain outweighs the impact of their crimes on their victims.”
“‘The new Immigration Act will make it even harder for foreign criminals to launch spurious appeals to stay in country by cutting the number of appeal rights from 17 to four.”
According to the Lisbon Treaty, the EU is able to sign up to the ECHR in its own right. Should this happen it would create an additional problem for the government to free itself from the legislation.
Last week The Pope told MEPs in Strasbourg that ‘rights must come with responsibilities’ and warned that without this, there could be ‘conflict and violence’.